CHAPTER 22 SUBDIVISION AND LAND DEVELOPMENT PART 1 GENERAL PROVISIONS PART 2 DEFJ.NITIONS PART 3 PLAN SUBMISSION AND REVIEW PROCEDURES PART 4

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1 CHAPTER 22 SUBDIVISION AND LAND DEVELOPMENT Short Title Purpose Authority PART 1 GENERAL PROVISIONS Rules of Interpretation Definitions PART 2 DEFJ.NITIONS PART 3 PLAN SUBMISSION AND REVIEW PROCEDURES General Procedure Minor Subdivision Review Procedure Sketch Plan Review 304. Preliminary Plan s305. Final Plan Content of Required Plan Submissions PART 4 DESIGN STANDARDS AND REQUIRED IMPROVEMENTS sol. Application 902. General Land and Site Planning Requirements Monuments and Markers Blocks and Lots 905. Street System, Curbs and Sidewalks Utilities 907. Stormwater Management Grading, Erosion and Sedimentation Controls Landscaping Other Site Improvements 22-1

2 PART 5 COMPLETION OF IMPROVEMENTS AND FINANCIAL SECURITIES Completion of Improvements Guarantee of Improvements Inspection of Improvements $504. TimeLimits Acceptance of Improvements; Maintenance Bond PART 6 ADMINISTRATION Administrative Agent Modification of Requirements Fees Amendments to Subdivision/Land Development Ordinance Appeals Preventive Remedies Enforcement Remedies 22-2

3 (22, PART 1) PART 1 GENERAL PROVISIONS SHORT TITLE. This Chapter shall be known and may be cited as the "Subdivision and Land Development Regulations of the City of Duquesne." (Ord ,1/8/1992, SlOl) PURPOSE. The purpose of this Chapter is to provide for the orderly, logical and harmonious development of the City of Duquesne, and to protect, promote and create conditions favorable to the health, safety, morals and general welfare of the City's citizenry by: A. B. C. D. E. F. G. H. Ensuring that all future subdivision or land development is consistent with the City's Statement of Community Development Objectives, adopted by Council (Resolution No. 2023, dated December 30, 1991) and approved regional comprehensive plans. Providing for the orderly development and redevelopment of land into residential and nonresidential uses thereby minimizing the inefficient use of land and potential conflicts among the uses of land and buildings. Protecting and conserving the value of land and improvements throughout the City. Preventing the pollution of air, streams and other waterbodies; assuring the adequacy of drainage facilities; safeguarding the water table; and encouraging the wise use and management of natural resources in order to preserve character and value of the community. Preserving the natural beauty and topography of the City and ensuring appropriate development with regard to these natural features. Providing for the logical and orderly extension and addition of public facilities and utilities. Providing for a beneficial relationship between the land uses and buildings and the circulation of traffic within the City in order to minimize traffic congestion and to plan for the proper location, grade and width of streets. Establishing standards and specifications to guide developers in the design and layout of subdivisions and land developments and providing a uniform and equitable process for reviewing all plans. 22-3

4 SUBDIVISION AND LAND DEVELOPMENT I. Maintaining the quality of land records through creation and filing of accurate and legible subdivision/land development plans with the County and City officials. (Ord , 1/8/1992, 102) AUTHORITY. 1. Authority. A. City Council, in accordance with the Municipalities Planning Code, shall have the authority and jurisdiction to review and approve all subdivision and land development plans as required herein. B. The City Planning Commission shall review and make recommendations on all subdivision and land development plans. 2. Application of Rewlations. The provisions of this Chapter shall apply to the following activities: A. A subdivision of land as defined by this Chapter (Part 2). B. A land development as defined by this Chapter (Part 2); provided, the following uses shall be excluded from the definition of land development: /. (1) The conversion of an existing single family detached dwelling or single family semidetached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium. (2) The addition of an accessory building on a lot or lots subordinate to an existing principal building. (3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. This exclusion shall not apply to the initial development of an amusement park or to the initial development of any land areas to an amusement park. 3. Effect of Renulations. Following adoption of this Chapter: A. No subdivision or development of any lot, tract or parcel of land shall be effected; and no street, sanitary sewer, storm sewer, water facility, storm drainage facility or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this Chapter. B. No lot in a subdivision shall be sold; no permit to erect, alter or repair any building upon land in a subdivision or development shall be issued; and no. I

5 (22, PART 1) building shall be erected in a subdivision or land development unless and until a subdivision/land development plan has been approved and recorded and the improvements required in connection therewith either have been constructed or guaranteed according to the provisions of this Chapter. 4. Interpretation and Conflicts. A. In interpreting and applying the provisions of this Chapter, they shall be held to be minimum requirements for the promotion of public health, safety, comfort, convenience and general welfare. B. Where any provision of this Chapter imposes restrictions different from those imposed by any other provision of this Chapter or any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes a higher standard shall control. C. This Chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of this Chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this Chapter shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of Council in approving a subdivision or land development, and such private provisions are not inconsistent with this Chapter or determinations hereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made hereunder. (Ord , 1/8/1992, 103) 22-5

6 (22, PART 2) RULES OF INTERPRETATION. PART 2 DEFINITIONS 1. For the purpose of this Chapter certain terms and words used herein shall be interpreted or defined as follows: A. Words used in the present tense shall include the future. B. Words used in the singular shall include the plural. C. The word "person" includes a corporation, company, partnership and association, as well as an individual. D. The word "lot" includes the words "plot" or "parcel." E. The term "shall" is always mandatory. F. The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designated to be used or occupied." 2. The particular shall control the general. 3. Where terms or words are not defined in the following Section, they shall have their ordinarily accepted meanings or such as the context may imply. Wherever a term is not defined herein, but is defined the Municipalities Planning Code, then said word shall be defined as set forth in the Code. 4. In the case of any difference of meaning or implication between the text of the definitions in this Section and any accompanying illustration, the text shall control. (Ord ,1/8/1992,$j201) DEFINITIONS. 1. The definitions of all terms contained in Part 2 of the Duquesne Zoning Ordinance [Chapter 271 are incorporated herein and made a part hereof by reference. 2. For purposes of this Chapter, certain words shall have the following meaning unless the context clearly indicates otherwise: ARCHITECT/LANDSCAPE ARCHITECT - a person licensed to practice as an architect or landscape architect in the Commonwealth of Pennsylvania. 22-7

7 SUBDIVISIONS AND LAND DEVELOPMENT CARTWAY or ROADWAY - the portion of a street or alley improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder. r ' _I CUL-DE-SAC - a minor street intersecting another street at one (1) end and terminated at the other by a vehicular turnaround. CUT - an excavation. The difference between a point on the original ground and designated point of lower elevation on the final grade. Also, the material removed in excavation. DEDICATION - the deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. DESIGN STORM - the magnitude of precipitation from a storm event measured in probability or frequency of occurrence (e.g., a fifty (50) year storm) and duration (e.g., twenty-four (24) hour), and used in computing stormwater management control systems. DETENTION POND - an area designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. A detention pond can be designed to drain completely after a storm event, or it can be designed to contain a permanent pool of water. DEVELOPMENT PLAN - the provisions for the development of a site, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. DRAINAGE - the interception and removal of excess surface or groundwater from land by artificial or natural means, including the control of runoff to minimize erosion and sedimentation during and after construction or development. EROSION - the removal of surface materials by the action of natural elements. EXCAVATION - any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed,. displaced, relocated or bulldozed. It shall include the conditions resulting therefrom. FILL - any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. It shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade. The material used to make fill. GRADING - any excavation or fill or combination of these including the conditions resulting from any excavation or fill. 22-8

8 (22, PART 2) IMPERVIOUS SURFACE - a surface which resists the entrance or passing through of water or other liquids. IMPROVEMENTS - those physical additions, installations and changes required to render land suitable for the use intended including, but not limited to, grading, paving, curbing, street lights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, stormwater management facilities, sidewalks, cross-walks, driveways, culverts and street shade trees. LAND DEVELOPMENT - (1) the improvement of one (1) lot, or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving: (a) a group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot regardless of the number of occupants or tenure; or (b) the division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; (2) a subdivision of land. LAND DISTURBANCE - any activity involving grading, tilling, digging or filling or stripping of vegetation; or any other activity which causes land to be exposed to the danger of erosion. MAINTENANCE GUARANTEE - any security, other than cash, which may be accepted by the City for the maintenance of any improvements required by this Chapter. MONUMENT - a concrete, stone or other permanent object placed to designate boundary lines, corners of property and rights-of-way of streets and utilities, for the purpose of reference in land and property survey. MUNICIPALITY - the City of Duquesne, Pennsylvania. OPEN SPACE - land set aside and used for recreation, agriculture, resource protection or a buffer yard which is freely accessible to a1 residents of a development although restrictions may apply to agricultural areas. Open space does not include land occupied by nonrecreational buildings, roads and required parking areas or yards of dwelling units required by this Chapter. Open space is normally left in a natural state, except if safety precludes this, and also with the exception of recreation areas which may be surfaced. PEAK RATE OF RUNOFF (or DISCHARGE) - the maximum rate of flow of water at a given point and time resulting from a predetermined storm. PERFORMANCE GUARANTEE - any security which may be in lieu of a requirement that certain improvements be made before City Council approves a final subdivision or land development plan, including performance bonds, escrow agreements and other similar collateral or surety agreements. 22-9

9 SUBDIVISIONS AND LAND DEVELOPMENT PLAN, FINAL - a complete and exact subdivision or land development plan prepared for official recording as required by statute, defining property rights and proposed streets and other improvements. r" PLAN, PRELIMINARY - a tentative subdivision or land development plan prepared in lesser detail that a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan. PLAN, SKETCH - an informal plan, not necessary to scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision or land development. PLAT - the map or plan of a subdivision or land development whether preliminary or final. RATE OF RUNOFF - instantaneous measurement of water flow expressed in a unit of volume per unit of time, also referred to as discharge. Usually stated in cubic feet per second (cfs) or gallons per minute (gpm). RESERVE STRIP - a narrow parcel of ground having inadequate area for building purposes separating a street or a proposed street from other adjacent properties. RESUBDIVISION - any subdivision or transfer of land, laid out on a plan which has been approved by City Council which changes or proposes to change property lines and/or public rights-of-way not in strict accordance with an approved plan. RIGHT-OF-WAY - land legally dedicated for public purposes including, but not limited to, a street, ally or sidewalk. RUNOFF - the surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land. SEDIMENT - solid material, both mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth's surface. SEDIMENTATION - the process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. SEDIMENT BASIN - a barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other material. SEWAGE DISPOSAL SYSTEM, PUBLIC - a sanitary sewage collection method in which sewage is carried from the site by a system of pipes to a central treatment and disposal plant. SITE - a lot or parcel or a series of lots or parcels of land considered as a single unit upon which development is to be or is being performed

10 (22, PART 2) SLOPE - the face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are expressed in a percentage based upon vertical distance in feet per one hundred (100) of horizontal distance. SOIL-COVER COMPLEX METHOD - a method of runoff computation developed by the U.S. Soil Conservation Service and found in it publication Urban Hydrology for Small Watersheds, Technical Release No. 55, SCS, January 1975 (or most current edition). STORM SEWER - a sewer that carries intercepted surface runoff, street water and other wash waters, or drainage, but excludes domestic sewage and industrial wastes. STORMWATER COLLECTION SYSTEM - natural or engineered structures which collect and transport stonnwater through or from a drainage area to the point of final outlet including, but not limited to, any of the following: conduits and appurtenant features, canals, channels, ditches, streams, culverts, streets and pumping stations. STREAM - a watercourse. STREET GRADE - the officially established grade of the street upon which a lot fronts. If there is no officially established grade, the exiting grade of the street shall be taken as the street grade. STREET TYPE - streets may be classified according to the following: STREET, ARTERIAL - streets designed to carry high volumes of traffic from one (1) area of the community to another or to link one (1) community with another. STREET, COLLECTOR - streets designed to collect traffic from local streets and then to convey it to the major arterial. STREET, LOCAL - streets designed to serve only the traffic needs of and provide access to a limited area or neighborhood. STREETS, PRIVATE - a street not officially dedicated and/or accepted by the City. SUBDIVISION - the division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including chanpes in existing lot lines for the purpose, whether immediate or future, of lease, partition bv the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land 22-11

11 SUBDMSION AND LAND DEVELOPMENT for agricultural purp oses into parcels of more than ten (10) acres, not involvin~ anv new street or easement of access or any residential dwelling, shall be exempted. [A.O. J c SUBDIVIDER - see "developer." SUBSTANTIALLY COMPLETE -where, in the judgment of the City Engineer, as least ninety (90) percent of those improvements required as a condition for final approval, for which financial security was posted pursuant to this Chapter, have been completed in accordance with the approved plan so that the project will be able to used, occupied or operated for its intended use. SURVEYOR - a licensed surveyor registered by the Commonwealth of Pennsylvania. SWALE - a low-lying stretch of land characterized as a depression used to carry surface water runoff. TOPSOIL - surface soils and subsurface soils which normally are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Top soil is usually found in the uppermost soil layer called the "A" horizon. WATERCOURSE - any channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. WATER FACILITY - any water works, water supply works, water distribution system or part thereof, designed, intended or constructed to provide or distribute potable water. (Ord ,1/8/1992,5202; as amended by A.O

12 (22, PART 3) PART 3 PLAN SUBMISSION AND REVIEW PROCEDURES GENERAL PROCEDURE. 1. Applicant s Responsibilitv. The procedures established in this Part shall apply to all subdivisions or land developments that require review and approval by the City. It shall be the applicant s responsibility to observe and follow the procedures prescribed herein. 2. Official Filing; Date, A. The official filing date for an application, whether preliminary or final, shall be the date of the regular meeting of the Planning Commission next following the date the application and plans are received by the City Zoning Officer. Should that regular meeting occur more than thirty (30) days following the submission of the application, the official filing date shall be the thirtieth day following the day the application was submitted. Upon receipt of the application, the City Zoning Officer shall affix to it both the date of submittal and the official filing date. B. An application, whether preliminary or final, shall be considered duly filed when the application submitted includes all the information required by this Chapter or any other pertinent ordinance. 3. &. No application shall be accepted or acted upon until payment of the required fees is made to the City. 4. Coordination With Other Governmental APencies. - A. It shall be the applicant s responsibility to coordinate the submissions required by this Chapter with applications for permits/approvals required by other governmental agencies. Upon request by the City, the applicant shall provide documentation of such submissions to other governmental agencies. B. At its discretion, the City may solicit review and reports from adjacent municipalities and other governmental agencies affected by any proposed subdivision/land development plan MINOR SUBDIVISION REVIEW PROCEDURE. 1. If a proposed subdivision involves five (5) or less lots, all of which are located on an existing public or City-approved private street and served by existing public sewer and water systems, the applicant shall submit the subdivision application in the form of 22-13

13 SUBDIVISION AND LAND DEVELOPMENT a final plan as specified by 306 and the application shall be processed according to the provisions for review and approval of a final plan. If the final plan is approved, it shall be recorded in accordance with the requirements of this Part.,/ Any additional subdivision from a tract from which a minor subdivision has already been formed shall be deemed to be a major subdivision and shall follow the procedure for preliminary and final plan review as specilied by this Part. (Ord , 1/8/1992, 302) SKETCH PLAN REVIEW. 1. Submission and Review. Prior to submission of a preliminary plan, applicants are encouraged to discuss possible subdivisions/land developments with the Planning Commission. Sketch plans shall be presented for review not less than ten (10) days prior to the regular meeting of the Planning Commission at which it is to be considered. Submission of a sketch plan shall not constitute a formal filing of a subdivision or land development plan, and no official approval or disapproval shall be given by the Planning Commission. 2. Plan Content. Data furnished in a sketch plan shall be at the discretion of the applicant, and the plan need not be prepared to scale or precise dimensions shown. However, it is suggested that a sketch plan include the following: A. B. C. D. E. F. Site boundaries, location of site within the City; existing zoning, and streets on and adjacent to the site. Significant topographical and natural features such as streams, floodplains, etc. Proposes uses, intensity of use and general lot and/or building arrangement. Proposed general street layout and major access to and from the proposed development. Proposals for providing sanitary sewer, water service, storm drainage and other necessary public improvements or facilities. Proposals for preserving open space, natural features or historic sites and for providing recreational facilities or other community facilities which may be necessary to serve the development. (Ord , 1/8/1992, $303) s304. PRELIMINARY PLAN

14 (22, PART 3) 1. Submission of Plans. The applicant shall submit ten (10) copies of the preliminary plan and all information relating thereto to the City Zoning Officer who shall be responsible for forwarding copies to all designated persons or agencies for their review. 2. Countv Planning Review. Upon receipt of a duly filed application, the City shall forward a copy to the County planning agency for review. The City shall not approve any application until the County's review is received or until thrty (30) days following the date the application was sent to the County. Any review fees required by the county shall be paid by the applicant. 3. Review Procedures. A. The City Engineer shall review the application and submit a report to the Planning Commission. The Engineer shall also be responsible for obtaining the reviews from other governmental agencies, as applicable, and forwarding them to the Planning Commission. B. The Planning Commission shall review the plan in accordance with the requirements of this Chapter, considering the recommendations of the City Engineer, other public agencies and interested residents/property owners. Within forty (40) days after the filing of the preliminary plan, the Commission shall recommend whether the preliminary plan shall be approved, approved with modifications or disapproved. The Commission shall notify the applicant and City Council in writing of its findings and recommendations. C. Upon receipt of the Planning Commission's report, Council shall review the proposed plan and shall act upon the application within ninety (90) days of the official filing date. Before taking action, Council may hold a hearing thereon after public notice. D. Council shall notify the applicant of its decision to approve, approve with conditions or disapprove the preliminary plan in writing. Such notice shall be given to the applicant in person or mailed to the address shown on the application within fifteen (15) days of the decision by Council. E. The preliminary plan approval shall stipulate the date by which application for final approval must be submitted. Where the development is proposed to be completed in phases or stages, the preliminary approval shall include a timetable for the submission of the final plans for the various phases. F. If the plan is approved with conditions or disapproved, Council shall specify in their notice the conditions which must be met and/or the defects found in the plan, including specific reference to provisions of any statute or ordinance which have not been fulfilled. G. Failure of Council to render a decision and communicate it to the applicant within the times and manner specified here shall be deemed an approval of the application unless the applicant agrees in writing to an extension of time or change in manner of communication of the decision

15 SUBDMSION AND LAND DEVELOPMENT H. If the plan is approved with conditions, the applicant shall have fifteen (15) days to accept or reject any or all of the conditions and to so notify Council in writing. 4. Effect of the Decision. A. Preliminary approval binds the applicant to the general scheme of the development shown, unless a revised prelmunary plan is submitted. It entitles the applicant to consideration for final approval in accordance with the terms of the approved p r e w plan. Approval of the preliminary plan does not authorize the sale of lots nor recording of the preliminary plan. B. When a preliminary plan is approved, no subsequent change in zoning, subdivision/land development or other applicable ordinances shall affect adversely the right of the applicant to complete any aspect of the approved development within five (5) years from the date of such approval. C. If an approved preliminary plan includes a schedule for phasing development which extends beyond a five (5) year period, the protection against application of ordinance changes shall apply to each section of the land development for a period of three (3) years from the date of final plan approval of each section, provided each section is in compliance with the preliminary approval. Failure of the applicant to adhere to the approved schedule for the submission of final plans for the various sections shall subject any such section to changes in zoning, subdivision and land development and other governing ordinances enacted by the City subsequent to the date of filing the preliminary plan. D. If a preliminary plan application is denied, any subsequent application shall be subject to all changes in applicable ordinance provisions which are made after the date of filing the application. (Ord ,1/8/1992, 304) g305. FINAL PLAN. 1. Submission. A. The applicant shall submit a final plan for the proposed subdivision or land development, or various section thereof, in accordance with the time periods specified in the preliminary plan approval. B. The final plan shall conform in all respects with the preliminary plan. If it does not, the plan submitted shall be considered a revised preliminary plan and reviewed accordingly. C. The applicant shall submit a reproducible original of the plans, ten (10) copies of the final subdivision or land development plans and at least three (3) copies 22-16

16 (22, PART 3) of all other required information. All information shall be submitted to the City Zoning Officer. 2. Review and Approval Procedures. A. The City shall review and act upon the final plan application according to the same procedure% described for preliminary plan approval. Where the final plan conforms to the approved preliminary plan, Council shall act upon the application within sixty (60) days, or within ninety (90) days if the final plan does not conform to the approved preliminary plan. B. The final plan approval shall be subject to: (1) Execution of a developer s agreement between the applicant and City. (2) Receipt of all approvals or permits required from Federal, State or County agencies, including any State or County highway occupancy permit. (3) Installation of all required improvements or submission of financial guarantees in accordance with 5502 of this Chapter. 3. Developer s Ameement. Following approval of the final plan, but prior to recording and issuance of any construction permit, the developer and applicant shall execute a developer s agreement which shall have been prepared by the City Solicitor. The agreement shall specify the improvements that the developer shall complete as shown on the approved plans and any other matters which the developer shall perform and which are not shown on the plan, including provision of performance and maintenance guarantees required by this Chapter. 4. Recordinp of Final Plan. A. Upon approval of the final plan, the applicant shall prepare one (1) reproducible original of the final plan and shall submit it with four (4) prints for final signature by Council. These plans, upon satisfaction of all conditions attached to the approval, shall be signed by Council. B. A copy of the signed plan shall be recorded within ninety (90) days after approval with the Recorder of Deeds, or the approval of the City shall be null and void. The final plan shall be recorded before proceeding with the sale or transfer of lots or construction of buildings. The developer s agreement shall be recorded to run with the deed to the subject property. C. Recording the final plan shall be an irrevocable offer to dedicate all streets and other public ways to public use and to dedicate or reserve all park or other public areas to public use unless reserved by the applicant as hereinafter provided. The approval of the final plan shall not impose any duty upon City Council to accept dedication of or to maintain such improvements. D. The applicant shall place a notation on the final plan if there is no offer of 22-17

17 SUBDIVISION AND LAND DEVELOPMENT dedication to the public of streets and certain designated public areas, in which event the title to such areas shall remain with the owner, and the City shall assume no responsibility for improvement or maintenance thereof, which fact shall be noted on the final plan. P t ' Modifications to the Approved Plan. All requests for changes in approved plans shall be processed as new final applications. Cowcil may impose new conditions on the development relative to the proposed modifications. In such case, the applicant may withdraw the requested plan amendment and proceed in accordance with the previously approved plan. Requests for plan changes shall be submitted according to the procedures for final plan review. Annual Updates to the Approved Plan. Where the approved plan includes provisions for development in more than one (1) phase, the applicant shall annually update the timetable for the submission of the final plans for the various phases. (Ord ,1/8/1992, 305) Q306. CONTENT OF REQUIRED PLAN SUBMISSIONS. 1. General. A. Plans shall be prepared at a scale of not less than one (1) inch equals one hundred (100) feet on twenty-four (24) by thirty-six (36) inch plan sheets. All sheets shall contain a title block containing the following: name of proposed development; name and address of applicant and/or developer; scale; north arrow; legend; and date of preparation. Final plans shall include blocks for signatures and approvals in the form prescribed by the County Subdivision Regulations. B. The required plans and reports shall be prepared and certified by a registered professional surveyor, engineer, architect or landscape architect, as appropriate. The subdivision/land development plat and survey shall be prepared in accordance with the Act of May 23, 1945 (P.L. 913, No. 367), known as the "Professional Engineers Registration Law." 2. Preliminaw Plan: The preliminary plan shall show or be accompanied by the following information: A. A key map locating the property to be subdivided in relationship to adjoining property and to all streets and municipal boundaries within one (1) mile of the development site. B. Existing site conditions maps and reports showing: (1) Tract boundaries with bearings and distances and a statement of total acreage of the property

18 (22, PART 3) (2) Zoning classification(s) for all land within the development site and for all adjoining properties. (3) Existing contour lines (shown as dotted lines) at not less than two (2) foot intervals and the nearest benchmark from which they were derived. (4) All water courses, water bodies, wetlands and floodplains (with base flood elevations) located on the site or within two hundred (200) feet of the site boundaries. (5) All natural features such as tree masses, geological hazards areas, historic landmarks and scenic resources, located on the site or within two hundred (200) feet of the site boundaries. (6) Location on the development site of any known or suspected surface or subsurface contamination or pollution by a hazardous substance. (7) All existing buildings, structures, sanitary sewers, water lines, culverts, stormwater management facilities, fire hydrants, utility transmission lines, bridges or other physical features within the proposed development site or within two hundred (200) feet of the site. (8) All existing streets on or adjacent to the site, including name, right-of-way and cartway width. (9) All existing property lines, easements and rights-of-way along with their purpose. C. A traffic impact study, where required by the City, prepared by a professional with training and expertise in traffic analysis and street system design, which shall: (1) Demonstrate the proposed development s short and long term impact on the street system within the area impacted by the development. It shall collect data on existing roadway characteristics (e.g., structural conditions) and traffic flow and volume. It shall include five (5) and twenty (20) year forecasts of the average daily vehicle trips generated by the proposed development and distribute and assign these tips to the most reasonable travel paths over the adjacent street system. (2) Evaluate the existing street system in terms of projected levels of service, operating speeds, land use conflicts and safety. Where the study projects reductions in levels of service in existing streets or safety hazards, the applicant shall submit the proposed solutions, estimated costs, financing methods and actions/approvals that would be required by the existing street owner. Corrective measures may include construction of improvements, traffic management programs, efforts to reduce automobile traffic, 22-19

19 SUBDIVISION AND LAND DEVELOPMENT or changes in proposed land uses or the intensity of development. k- 1 f= (3) Contain all pertinent data (e.g., trip generation rates, traffic counts, etc.), computations and other information that will aid in an assessment of the report's findings. The City may request additional or supplementary information to clarify or further explain any of the study's findings or recommendations. (4) Address specifically the impact of the proposed development on any existing traffic problems within the defined study area as identified by the City. D. Proposed plans for the subdivision/land development including the following: (1) Proposed contour lines (shown as solid lines) at not less than two (2) foot intervals and the nearest benchmark from which they were derived. (2) Plans showing location and size of proposed utilities including sanitary sewer, water distribution, gas, electric and telephone lines and fire hydrants. (3) Location and width of all proposed streets, alleys, sidewalks or other pedestrian walks, rights-of-way and easements; proposed lot lines with /- approximate dimensions and areas of all lots; proposed minimum setback line for each street; proposed street names; typical section of all streets. (4) Location and dimensions of recreational facilities, public buildings, public areas or other parcels of land proposed to be dedicated or reserved for public use together with a proposed plan for the ownership and continuing maintenance of such facilities. (5) Plans for the proposed stormwater management system, prepared by a registered engineer, surveyor or landscape architect with training and expertise in hydrology and hydraulics including the following: (a) (b) (c) (d) Mapping of the watershed area or areas in which the proposed development is located. Delineation of one hundred (100) year floodplains on the site based on the City floodplain maps or a determination by the applicant (see City Zoning Ordinance [Chapter 271). Delineation of all bodies of water (natural and artificial), watercourses (permanent and intermittent), swales, wetlands and other drainage courses on the site, or adjacent thereto, which will be affected by runoff from the development. Identification of soil types and boundaries within the development site (consult County Soil Conservation Service, U.S. Geological '.d

20 (22, PART 3) Survey, for information). Calculations for determining pre- and post-development discharge rates and for designing proposed stormwater controls, prepared in accordance with 407(4). All proposed stormwater control measures, including methods for collecting, conveying and storing stormwater runoff onsite which are to be used both during and after construction; plan should show type, location, sizing, etc., of all facilities. All existing and proposed easements and rights-of-way for drainage and/or access to stormwater control facilities. The plan for assuring adequate maintenance of all stormwater controls, whether to be publicly or privately maintained. The stormwater management plan shall consider all the stormwater runoff flowing over the site. Plan for grading of the development site, prepared by a registered professional engineer, in accordance with 908 of this Chapter. When more than one (1) site in the City is involved, such as excavating at one (1) site and filling at another, separate plans shall be submitted for each site. Plans for completing landscaping in accordance with the requirements of this Chapter or other applicable City ordinances or specifications. Plans, where applicable, for: (1) protecting proposed structures/uses from mine subsidence or other geological hazards located on the development site; or (2) carrying out measures to remediate surface or subsurface contamination or pollution. A staging plan if the development is proposed to be constructed in stages or phases, indicating the approximate date when the final application for each stage will be filed, the times each can be expected to begin and be completed, and the phasing of the construction of public and site improvements. A draft of any proposed covenants or other restrictions to be imposed upon the use of land, buildings and structures within the development. A listing of all City, County, State or Federal approvals and/or permits which may be required by the proposed development based on the preliminary plan. A letter requesting any modifications of the requirements of this Chapter and citing the reasons therefor

21 SUBDIVISION AND LAND DEVELOPMENT 3. Final Plan. The application shall contain in final form all the maps and reports required for the prehninary plan submission in addition to the following: f- F A. Sufficient data, including bearing and length, to locate every street, lot, easement, right-of-way and boundary line upon the ground. B. C. D. E. F. G. H. I. J. K. The length of all straight lines, radii, lengths of curves and tangent bearings for each street. All dimensions and angles or bearings of the lines of each lot and of each lot proposed to be dedicated to public use; lots shall be numbered and their area shown within lot boundaries; house numbers shall also be shown. The proposed building setback line for each street and the proposed placement of each building, except placement for single family dwellings. Location and width of all rights-of-way, easements and the purpose for which the rights-of-way and easements were established. Final profiles, cross-sections and design specifications for all streets, prepared in accordance with the requirements of this Chapter, including any proposed improvements to existing streets. Final location and profiles of all sanitary sewer lines and manholes, storm sewers, inlets, water distribution lines, gas, electric and other utility lines; copy of permits/approvals from appropriate local, County or State agency for proposed sewerage and water supply systems. Final plans and design standards for stormwater management controls and f aali ties. In the case of a land development, final location of all proposed parking and loading areas with surfacing material; dimensions and direction of travel of lanes, aisles, driveways and all entrance/exit points. Copies of all offers of dedication, covenants, easements, deed restrictions and maintenance agreements to be imposed upon the use of land, buildings and structures, and pertaining to ownership, use and maintenance of all open space areas and any other common facilities including proposed easements for utilities. Copies of all required permits and approvals from other governmental agencies, including certification of water supply and any required State or County highway occupancy permits. (Ord ,1/8/1992, 306) 22-22

22 (22, PART 4) PART 4 DESIGN STANDARDS AND REQUIRED IMPROVEMENTS APPLICATION. All proposed subdivisions and land development shall comply with the standards and requirements of this Part as a condition of plan approval. All required improvements shall be designed, built and installed according to the requirements contained herein. (Ord ,1/8/1992, w1) GENERAL LAND AND SITE PLANNING REQUIREMENTS. 1. Land Suitability. Land shall be suited to the uses proposed. Land which is unsuitable for development because of hazards to life, safety, health or property shall not be subdivided or developed until it has been made safe for the intended uses. A. B. C. D. E. Land subject to flooding shall only be developed in accordance with the City s Floodplain Management Ordinance [Chapter 81. Wetlands shall be protected in accordance with Federal and State laws and regulations. Where a site has been undermined, certification of a registered engineer shall be required that appropriate measures will be taken to protect both existing and proposed structures and uses from subsidence and damage. Land containing significant areas of slopes greater than fifteen (15) percent should not be disturbed by grading or construction to the maximum extent feasible. Land which is subject to surface or subsurface pollution or contamination shall not be developed until remediation measures are completed in accordance with Federal and State requirements. 2. Natural Features Preservation. A. The natural terrain of the proposed development site should be retained wherever possible; areas with slopes greater than fifteen (15) percent should not be disturbed. B. Areas of mature trees, unique vegetation or habitat should be preserved and protected from negative impacts of development. C. Any significant historical or archaeological features which have been identified on a development site should be preserved. Adequate opportunity shall be 22-23

23 SUBDIVISION AND LAND DEVELOPMENT provided to qualified persons to document any resource which cannot be maintained. e 3. Riverbank Protection. A. Development sites abutting the Monogahela River, or adjacent to the river across a railroad right-of-way or road, shall be planned to protect and enhance public visual access, or public view corridors, to the river and/or scenic perspectives across the river. B. Whenever feasible, the streets, pedestrian walkways, open spaces and buffer yard shall be located and designed to improve public views and enjoyment of the riverfront. C. If a development plan includes a proposal for any public riverfront park, open space or other general public access to the riverfront, the applicant shall submit a plan for ownership and continuing maintenance of the proposed public areas. 4. Development Compatibilitv. Proposed subdivisions or land developments shall relate harmoniously to surrounding developments and the community as a whole. The development should be consistent with any approved plans and policies of the City or other governmental agencies. Proposed land uses shall conform to the City Zoning Ordinance [Chapter 271. (Ord ,1/8/1992, 5402) #03. MONUMENTS AND MARKERS. Monuments shall be set at the intersection of lines forming angles in the boundaries of the subdivision/land development and at the intersection of street lines in accordance with requirements of the County Subdivision Regulations. Monument locations shall be shown on the final plan. Any monuments that are removed shall be replaced by a registered engineer or surveyor at the expense of the person removing it. (Ord ,1/8/1992, w03) BLOCKS AND LOTS Blocks. A. The length, width, shape and design of blocks shall be determined with due regard to the provision of adequate sites for buildings of the type proposed, zoning requirements, topography of the land being developed, and provisions for safe and convenient vehicular and pedestrian circulation. B. Unless the topography of the land being developed or the existing pattern of development in the immediately adjacent area shall be otherwise than herein '.._ ' 22-24

24 (22, PART 4) required, the following minimum standards for the design and size of blocks shall prevail: Blocks shall not exceed one thousand six hundred (1,600) feet in length nor be less than five hundred (500) feet in length. Residential blocks shall generally be of suffiaent depth to accommodate two (2) tiers of lots, except where reverse frontage lots bordering an arterial or collector street are used, or where due to the contour of the land or the necessary layout of the development, there is insufficient depth between intersecting streets for such two (2) tier design. Crosswalks or interior pedestrian walks shall be required in blocks exceeding one thousand (1,000) feet in length to provide for pedestrian circulation or access to community facilities. Such walks shall be paved for width of not less than four (4) feet, shall be located in easements not less than ten (10) feet in width and shall, insofar as possible, be located in the center of any such block. Blocks for commercial and industrial areas may vary from the elements of design contained in this Section if the nature of the use requires other treatment. In such cases, off-street parking for employees and customers shall be provided along with safe and convenient limited access to the street system. Space for off-street loading shall also be provided with limited access to the street system. Extension of streets, railroad access rights-of-way and utilities shall be provided as necessary. A. Lot lines intersecting street lines shall be substantially at right angles or radial to street lines. B. Lots shall, in general, front on an approved public or private street. To the extent practicable, residential lots shall not front on arterial or collector streets. C. The City shall approve the assignment of house numbers to each lot within a subdivision or land development. ' D. Remnants of land, smaller than required for a lot, shall not be permitted within any development. Such remnants shall be incorporated in existing or proposed lots, or dedicated to common open space. E. Double frontage lots are prohibited except where authorized by this Chapter. (Ord ,1/8/1992, 404) STREET SYSTEM, CURBS AND SIDEWALKS

25 SUBDIVISION AND LAND DEVELOPMENT 1. General Standards. A. B. C. D. E. F. G. H. I. J. The street system for a proposed development shall be laid out and designed to coordinate with existing or proposed streets in adjoining subdivisions or land developments and with the overall muniapal street system. Streets shall be related to the topography so as to produce usable lots and acceptable grades. The street system shall be arranged to provide adequate access to all lots, parcels and/or buildings within the development. Where adjoining areas are undeveloped, the street system in a proposed development shall permit the proper extension of streets into the undeveloped land. All streets shall be improved to the limits of the subdivision/land development and shall be improved in accordance with City specifications. Reserve strips and land-locked areas shall not be created. Residential streets shall be laid out to discourage their use by through traffic and, where possible, arterial streets shall be designed for use by through traffic and nonresidential traffic. Streets serving predominantly commercial and industrial areas shall be designed with consideration for anticipated truck traffic, location or railroad facilities and safety of pedestrian movements. Where development is proposed on an existing or proposed arterial street or limited access highway, Council may require that provisions be made for marginal access streets. Council may also require rear service areas, double frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with primary streets, and separation of local and through traffic. Half or partial streets shall not be approved except where essential to allow development of a tract in conformance with the requirements of this Chapter and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured. If a proposed development borders an existing half or partial street, the entire street shall be shown on the plan. Dead end streets shall be prohibited, except as stubs (with adequate turning capability) to permit future street extension into adjoining tracts or when designed as cul-de-sacs. Street names shall be coordinated with existing or platted street names, and if a new street is a continuation of or is aligned with an existing or platted street, it shall bear the same name as the existing or platted street. All streets shall have a uniform width throughout their respective length except where otherwise required by Council. 2. Street Design